HC Deb 17 July 1989 vol 157 cc88-9 7.43 pm
Mr. Donald Anderson (Swansea, East)

I beg to move amendment No. 2, in page 1, line 12 at end insert ', and nationals and bodies incorporated under the laws of any colony, dependent territory or overseas territory for whose international relations the United Kingdom is responsible'.

Mr. Deputy Speaker (Mr. Harold Walker)

With this it will be convenient to take the following amendments: No. 3, in page 1, line 13 leave out subsection (3).

No. 10, in clause 2, page 2, line 14, leave out from 'below' to 'State' in line 15.

No. 11, in page 2, line 17 leave out 'the Crown or another Contracting State'.

No. 12, in page 2, leave out lines 24 and 25.

Mr. Anderson

The nature of the problem is clear and was discussed in Committee. The ecosystem in the Antarctic is a unique and fragile system that needs to be protected. However, there is a danger, if minerals are to be researched, prospected and exploited, that international and multinational companies will take advantage of every possible loophole, including changing their place of registration. If the dependent territories of the United Kingdom are granted rights in the Bill, they should have corresponding and consequential obligations.

We proposed a similar amendment in Committee, when the Government replied that it was possible to extend coverage of the obligations to the dependent territories by the Order in Council procedure, and it was their intention so to do. They argued that this procedure was adopted by convention, and that it was only a matter of courtesy to those territories that it was adopted.

However, it is possible to extend jurisdiction directly to any territory for which we are responsible, and there are a number of precedents for doing it that way rather than by an Order in Council. We believe that this is a matter of some urgency, which demands a commitment from the Government. If there were to be an accident, there would be a major liability on us. As to the courtesies, it was possible for the Government, since the convention was signed in Wellington in June of last year, to have consulted each of the relevant territories, explained the importance of the matter and informed them that on this occasion, because of the special factors involved, it was their intention to apply the convention directly to the territories rather than by the Order in Council procedure.

I hope that the Minister will recognise the dangers that could arise. He and I remember, during the Iran-Iraq war, how easy it was, when ships were under threat in the strait of Hormuz, for them to take on a British dependent territory registration so as to come under the protection of the Armilla patrol. That illustrates how easily people can flow from one area to another when it suits their commercial interests. The danger is there. We hope that the Government will see that our amendments are a proper safeguard against that danger, and will accept them.

The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs (Mr. Tim Eggar)

As the hon. Member for Swansea, East (Mr. Anderson) said, this matter was debated at some length in Committee. As I said then, the amendments would breach the constitutional convention by which, when we extend international obligations to our dependent territories, we consult them about how this might best be done, rather than instruct them. I said that it was rather curious to find Labour Members arguing for what one might call the imperialist position.

Mr. Anderson

There is nothing wrong with that.

Mr. Eggar

I shall store that one up for future use.

I assure the House that there will be no loophole. I can give a categorical assurance that nationals and bodies incorporated under the laws of any British colony will be obliged to comply with the Bill and with the convention.

Mr. Anderson

Can the Minister give any timetable or target date by which he hopes that the Bill will be extended to all dependent territories?

Mr. Eggar

We shall seek to proceed in a timely manner. I assure the hon. Gentleman that the Bill will be extended by the time that the convention comes into force.

Amendment negatived.

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